I am the mom. My kiddo was born abroad, and my spouse and kiddo became citizens of that country (I could not, so I can’t go back unless I’m his or someone’s dependent). We moved back ‘home’ to be closer to my family, which was a well-thought-out plan for years and something we verbally agreed upon before moving abroad and after having kiddo.
Current family life is not meeting my spouse’s expectations and he wants to go back. To note:
Kiddo and I are happy here.
We are surrounded by family and see them all the time.
We both work full-time and make six figures (him more).
I do 85-90% of the kid stuff, cooking, and cleaning, but he could argue otherwise.
Kiddo has lived more time abroad than in CA.
We do not have family or a ‘village’ abroad.
‘Abroad’ is part of The Hague Convention.
What are the chances a custody dispute could end in an approved relocation for kiddo? Anything I should know?
Contact a local attorney but do not allow your child to take a trip overseas unless you never want to see her again. Get your divorce in the US and have everything established here.
The UN has a resolution that children should remain in the country they live in unless both parents agree otherwise. You probably have a good chance to keep your child in the USA, especially since both of you have US passports. But definitely get a good lawyer.
How long have you been back ‘home’? If you’ve been in your state for 6 months, that should determine the child’s domicile. You need an experienced custody lawyer, preferably one with international custody experience.
I think you need a lawyer ASAP that’s familiar with international custody situations. If he decides to file before the 6-month mark, especially if he goes back to your other country with the child, you may be in trouble.
You should get a full hour consult with a lawyer who has international experience. They can give you advice on how to prevent Dad from leaving the country with the child until things are settled.